martindale.com
Legal Library
|
Hinshaw & Culbertson LLP Miami, FL Document Search Results (10) Sort by:  | Production of All Reports Prepared on Insurer’s Behalf Unduly Burdensome
Sidney S. Needelman; Hinshaw & Culbertson LLP;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 In Nationwide Ins. Co. of Fla. v. Nelson, 37 Fla. L. Weekly D104b (Fla. 5th DCA 2012) Florida’s Fifth District Court of Appeal was called upon to decide whether a trial court order requiring production of all reports prepared nationally by an engineering company hired by an insurer over...
| | Florida Residency Offers Tax Advantages
Steven W. Cutler; Hinshaw & Culbertson LLP;
Legal Alert/Article December 14, 2011, previously published on December 13, 2011 For those taxpayers who meet the requirements, establishing residency in Florida has many advantages. First, Florida is a very tax-friendly jurisdiction. It has no personal income tax, no state estate tax, no state gift tax and no intangibles tax. Second, certain assets owned by Florida residents...
| | Continuing Efforts on the Hill to Modernize the TCPA
Barbara Fernandez, David M. Schultz; Hinshaw & Culbertson LLP;
Legal Alert/Article December 7, 2011, previously published on December 6, 2011 The House Energy and Commerce Subcommittee on Communications and Technology held a hearing on Friday, November 4, 2011, on H.R. 3035, the Mobile Informational Call Act of 2011. The purpose of bill is to amend the Telephone Consumer Protection Act of 1991 (TCPA) to reflect the ubiquity of mobile...
| | Insurance Coverage Denial Proper Where Insured Did Not Comply With His Policy's Post-Lost Duties
Tracy L. Kramer; Hinshaw & Culbertson LLP;
Legal Alert/Article November 9, 2011, previously published on November 7, 2011 Plaintiff insured reported a claim to defendant, his property insurer, after sustaining damage to his home from Hurricane Frances on September 4, 2004. The insurer determined that the damages were beneath the insured’s deductible, and therefore made no payment on his claim.
| | Court Holds That Manifestation Trigger Is Date That Property Damage Became Discoverable
Eric A. Hiller; Hinshaw & Culbertson LLP;
Legal Alert/Article August 8, 2011, previously published on August 4, 2011 Four trigger-of-coverage theories are generally applied by courts in determining whether coverage exists under a CGL policy: (1) exposure; (2) manifestation; (3) continuous trigger; and (4) injury-in-fact. For many years, federal district courts in Florida were opposed to an injury-in-fact trigger....
| | Florida Courts Rejecting Prejudice as a Matter of Law in Certain Late Notice Cases
Pedro E. Hernandez; Hinshaw & Culbertson LLP;
Legal Alert/Article July 27, 2011, previously published on July 26, 2011 Florida state courts (see Aubuchon Homes, Inc. v. Great American Ins. Co., Case No. 04-CA-004430, 20th Judicial Circuit, Lee County, Florida) have begun following Keenan Hopkins Schmidt & Stowell Contractors, Inc. v. Continental Cas. Co., 653 F. Supp. 2d 1255 (M.D. Fla.), a 2009 federal case...
| | Entry of Final Summary Judgment Will Terminate Ability to Accept Pending Proposal for Settlement
Karma D. Hall; Hinshaw & Culbertson LLP;
Legal Alert/Article July 22, 2011, previously published on July 21, 2011 In Kroener v. Florida Insurance Guaranty Association, Case Nos. 4D09-3604 & 4D09-4102 (Fla. 4th DCA June 22, 2011), Florida’s Fourth DCA was called upon to decide, as a matter of first impression in Florida, whether entry of final summary judgment would preclude a party’s ability to...
| | Florida Insurer Found Not Guilty of Bad Faith Caused by Insured’s Counsel
Andrew E. Grigsby; Hinshaw & Culbertson LLP;
Legal Alert/Article July 22, 2011, previously published on July 20, 2011 To date, Florida has not recognized the defense of comparative bad faith, taking the view that the focus is on the acts of the carrier, not of the insured. Nationwide Property & Casualty Ins. Co. v. King, 568 So. 2d 990 (Fla. 4th DCA 1990). However, in Barnard v. Geico General Ins. Co, 2011 WL...
| | Eleventh Circuit Holds Insurer’s Protectable Interest Protects Insurer From Slander and Tortious Interference Claims
Melissa A. Gillinov; Hinshaw & Culbertson LLP;
Legal Alert/Article June 17, 2011, previously published on June 14, 2011 In Gunder’s Auto Ctr. v. State Farm Mutual Auto. Ins. Co., No. 10-11739, 2011 WL 1320422 (11th Cir. April 7, 2011), the U.S. Court of Appeals for the Eleventh Circuit considered whether a body shop could maintain causes of action against an insurer for slander and tortious interference with a...
| | Florida Insureds Relieved From Participating in Appraisal Where Not Notified of Mediation Process
Karma D. Hall; Hinshaw & Culbertson LLP;
Legal Alert/Article June 17, 2011, previously published on June 16, 2011 In Universal Property and Casualty Insurance Company v. Armando Colosimo and Patty Colosimo, No. 3D11-180 (Fla. 3rd DCA May 25, 2011), Florida’s Third District Court of Appeals was called upon to decide whether first-party claimants might be compelled to participate in an appraisal where the...
|
|